Tribunals and CommissionsSingle Bench

Sun Distribution Service Private Limited vs E-infrastructure And Entertainment India Pvt. Ltd. And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 29 January 2021 · Citation: (2021) 01 TDSAT CK 0006

HON’BLE JUDGES
Shiva Kirti Singh, CP
CASE NUMBER
Misc Application 191 Of 2020 In Broadcasting Petition 221 Of 2020
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Judgment

20 paragraphs · 458 words

The petitioner/applicant of M.A. No. 278 of 2020 has filed a rejoinder to short reply filed by Mr. Sachin Narayan in the context of M.A. No. 278 of

2020. A copy of the order dated 7.1.2021 of Hon'ble Karnataka High Court passed in W. P. (C) No. 14080 of 2020 (Sachin Narayan Vs. Sun

Distribution Services Pvt. Ltd. & ors. ) is Annexure ""A"" to the rejoinder.

On perusal of the order of the High Court it is found that various issues were raised and after taking those into consideration, the Hon'ble High Court

has made certain observations and has directed this Tribunal to re-consider the orders passed in respect of M.A. No. 278 of 2020 on 3.12.2020 and

the earlier order of 20.11.2020 passed in E A No. 9 of 2020 and even further proceedings qua Sachin Narayan. In the order, which was passed in

presence of the parties, the Hon'ble Karnataka High Court has granted one week's time to Mr. Sachin Narayan to file a reply to M. A. No. 278 of

2020 and has also indicated the consequences of non-filing of reply within time.

On behalf of Mr. Sachin Narayan, a short reply has been filed on 14.1.2021 which can be accepted as a reply within time. The right reserved in

that reply to file further reply as and when Mr. Sachin Narayan receives a copy of the High Court order does not appear to be in accordance with the

order passed by the High Court and, therefore, such liberty can not be granted because it will be improper and against the order of the High Court.

However, considering the spirit of order of the High Court and the issues arising in the M.A. qua Mr. Sachin Narayan which can be gathered also

from the orders passed on 20.11.2020 and subsequently on 3.12.2020, a short adjournment is deemed proper so that learned counsel for Mr. Sachin

Narayan may come ready on all the issues. He is also permitted to file written notes of arguments not exceeding four pages within four days from

today. A copy of the written notes may be furnished to the other side atleast 24 hours in advance. Any attempt to introduce documents etc.,

which are not admitted and may require further pleadings will not be permitted qua the M.A.

Post the matter under the same head for hearing of M.A. No. 278 of 2020 in the light of directions of the Hon’ble High Court of Karnataka on

29.1.2021.

Learned counsel for respondent no. 1 submits that order for disclosure through affidavits have been complied and the required disclosure has been

made by respondent no. 1. Same is the stand of respondent no. 2 â€" Welworth also. Both the facts are recorded.